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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 08-19-2012, 11:02 PM
Smurfette Smurfette is offline
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Exclamation Found error in my NFP. Can I re-file it before the settlement conference?

We were supposed to have our settlement conference in July but it had to be postponed (nobody's fault). I'm representing myself. I had submitted a settlement conference brief and my NFP for the original settlement conference date. A few days ago I started combing through everything again to prepare for next week. I noticed a few errors in my NFP that, combined, make a substantial difference. I also picked up on new evidence against my ex in his financial records since the original SC date.

I don't want to just spring this information on the judge at the settlement conference. I want him to have time to look over it and digest it ahead of time.

Can I submit my corrected NFP this week? If so, how do I go about it?

How can I submit the additional evidence I discovered ahead of time? An affidavit? Another settlement conference brief? Or can I submit it at all?
  #2  
Old 08-19-2012, 11:17 PM
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Tayken Tayken is offline
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Originally Posted by Smurfette View Post
We were supposed to have our settlement conference in July but it had to be postponed (nobody's fault). I'm representing myself. I had submitted a settlement conference brief and my NFP for the original settlement conference date. A few days ago I started combing through everything again to prepare for next week. I noticed a few errors in my NFP that, combined, make a substantial difference. I also picked up on new evidence against my ex in his financial records since the original SC date.
NFP - Net Family Property section of the From 13.1? (Is this what you mean.)

If "yes" to my question... You are required (read the form) to update the affidavit if you find something that is incorrect and re-file.

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Originally Posted by Smurfette View Post
Can I submit my corrected NFP this week? If so, how do I go about it?
Complete and have it sworn by a comissioner for taking affidavits. Serve a copy on the other party and I would recommend you send it next day courier. Then serve a copy, just as you did with your previous documents, on the court house.

For safety sake, have 5 copies of the Form 13.1 sworn (all originals). Serve one on the other party as already recommended. Keep a copy for yourself. Serve one on the court in accordance with the Rules and bring your copy and the spare copy with you to the case conference should anyone complain that they didn't get a copy then you have an extra.

In fact, you may want to have 3 with you at the CC. One for you, the other party and the judge.

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Originally Posted by Smurfette View Post
How can I submit the additional evidence I discovered ahead of time? An affidavit? Another settlement conference brief? Or can I submit it at all?
It is a conference and not a motion. If the evidence is to a substantive issue that cannot be determined at a mediated conference (i.e. CUSTODY AND ACCESS) then it is of very little value at a CC generally. What "evidence" are you talking about?

Child Support can be determined and ordered at a CC without consent as it is a right of the children.

Spousal Support can not be ordered at a CC.

Only technical procedures can be ordered without consent... Say like if a substantive issue (i.e. Custody and Access) cannot be agreed upon then either party can request an order for the matter to proceed on motion to be determined on evidence presented by way of affidavit etc...

Good Luck!
Tayken
  #3  
Old 08-20-2012, 12:10 AM
Smurfette Smurfette is offline
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Thanks for such a quick response, Tayken.

By NFP I mean the Net Family Property Statement, form 13B.

They filed their settlement conference brief (form 17C) and NFP on the very last day, of course. The way it worked out with our court date was that I received their documents on a Friday (late afternoon) and had to have mine served and filed by Wednesday morning at the latest. There was a lot of information provided by them, and I didn't have much time to go through things as carefully as I normally would. All told, the changes I needed to make to my original NFP (that was filed in July) makes a difference of roughly $30,000 more to the positive on his side, in my favour.

Great advice about bringing additional copies. Thank you. I wouldn't put it past his lawyer to deny having received it even if I were to serve it to her in person. Which is why I DO serve things to her in person and make her sign for it.

It's very hard to summarize the evidence I found without going into our whole back story, which I don't want to do. Basically, while poring over his bank statements (which were only disclosed for the first time when I was served with their SC Brief ie. form 17C at the last minute) I noticed transfers going from his chequing account to his savings account at a time when he said he was in the red every month because of his expenses. I also noticed 2 transfers of significant sums going out of his savings account to an unknown account (ie. not his chequing), making me suspect that there is a 3rd account out there. Since the crux of my argument is that he owes me money, yet he denies owing it and refuses to pay it, I thought this was pretty important to point out to the judge.
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Old 08-20-2012, 12:17 AM
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Oh, and to clarify, there isn't an issue of child support (we were unable to have children) and I'm not seeking spousal support.

Can the judge make any final orders at a Settlement Conference? (not a case conference)
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Old 08-20-2012, 01:31 AM
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Oh, and to clarify, there isn't an issue of child support (we were unable to have children) and I'm not seeking spousal support.

Can the judge make any final orders at a Settlement Conference? (not a case conference)
Please consider the following questions you should be asking yourself and/or your lawyer:

1. Why is the matter proceeding to a Conference if there are no children and no request for Spousal Support?

2. Are you filing a form 13.1 (Affidavit of Financials) generally a Form 13B is a supplemental element of "information" (not evidence as it is not a sworn statement to the truth) and Form 13.1 is the requirement.

3. Equalization after separation with no children involved and no request for Spousal Support can easily done through alternative mediation. It is a simple formula that is applied every day be people without requiring a court to intervene. Are the assets in question worth over 500,000? A company jointly owned? etc...?

To answer your question.

Yes, a "final order" can be made at any Conference (Case, Settlement, or Trial). But, it requires the consent of both parties to bring matters to final resolution. The judge at a Conference will twist arms and provide strong opinions on how to solve the problem but, for any substantive issue the judge cannot arbitrarily make an order and would have to progress the matter to a motion for determination on a temporary basis and from there eventually to a trial.

At any time in the matter you can make an offer to settle to the other party on some of (and all of) the outstanding issues that need to be resolved under Rule 18 of the Family Law Rules.

Courts of Justice Act - O. Reg. 114/99

See section "RULE 18: OFFERS TO SETTLE" in the above provided link and sub-rules for Rule 18.

Furthermore I highly recommend you familiarize yourself with Rule 17 of the Family Law Rules which governs conferences found under the title "RULE 17: CONFERENCES" which explicitly states:

Quote:
URPOSES OF CASE CONFERENCE

(4) The purposes of a case conference include,

(a) exploring the chances of settling the case;

(b) identifying the issues that are in dispute and those that are not in dispute;

(c) exploring ways to resolve the issues that are in dispute;

(d) ensuring disclosure of the relevant evidence;

(d.1) identifying any issues relating to any expert evidence or reports on which the parties intend to rely at trial;

(e) noting admissions that may simplify the case;

(f) setting the date for the next step in the case;

(g) setting a specific timetable for the steps to be taken in the case before it comes to trial;

(h) organizing a settlement conference, or holding one if appropriate; and

(i) giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate. O. Reg. 114/99, r. 17 (4); O. Reg. 89/04, s. 8 (1); O. Reg. 6/10, s. 7 (1, 2).
And ...

Quote:
(8) At a case conference, settlement conference or trial management conference the judge may, if it is appropriate to do so,

(a) make an order for document disclosure (rule 19), questioning (rule 20) or filing of summaries of argument on a motion, set the times for events in the case or give directions for the next step or steps in the case;

(a.0.1) make an order respecting the use of expert witness evidence at trial or the service and filing of experts’ reports;

(a.1) order that the evidence of a witness at trial be given by affidavit;

(b) make an order requiring one or more parties to attend,

(i) a mandatory information program,

(ii) a case conference or settlement conference conducted by a person named under subrule 17 (9),

(iii) an intake meeting with a court-affiliated mediation service, or

(iv) a program offered through any other available community service or resource;

(b.1) if notice has been served, make a final order or any temporary order, including any of the following temporary orders to facilitate the preservation of the rights of the parties until a further agreement or order is made:

(i) an order relating to the designation of beneficiaries under a policy of life insurance, registered retirement savings plan, trust, pension, annuity or a similar financial instrument,

(ii) an order preserving assets generally or particularly,

(iii) an order prohibiting the concealment or destruction of documents or property,

(iv) an order requiring an accounting of funds under the control of one of the parties,

(v) an order preserving the health and medical insurance coverage for one of the parties and the children of the relationship, and

(vi) an order continuing the payment of periodic amounts required to preserve an asset or a benefit to one of the parties and the children;

(c) make an unopposed order or an order on consent; and

(d) on consent, refer any issue for alternative dispute resolution. O. Reg. 114/99, r. 17 (8); O. Reg. 202/01, s. 5 (3, 4); O. Reg. 89/04, s. 8 (3); O. Reg. 6/10, s. 7 (5); O. Reg. 383/11, s. 4 (3).
Good Luck!
Tayken
  #6  
Old 08-20-2012, 01:45 PM
Smurfette Smurfette is offline
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Like I said, I don't want to get into our whole situation but, yes, court is definitely worth it and required. I was using a lawyer but he told me I was more than capable of representing myself and he felt bad taking money from me given my financial situation when I could be doing it on my own. Even though he wouldn't be making money from it, he said court was definitely worth it for me to pursue given the issues at hand.

We've both submitted form 13.1. When they filed form 13B for July's postponed settlement conference, I figured I should file one as well, especially since theirs was a greater work of fiction than most Pulitzer Prize-winning novels, lol. But I want mine to be as accurate as possible on both our ends, not just his, so I want to file the corrected version.

I've made several offers to settle (5 or 6 at least) and he refuses to budge on his position or even consider negotiating them.
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Old 08-20-2012, 01:47 PM
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When they filed form 13B for July's postponed settlement conference, I figured I should file one as well, especially since theirs was a greater work of fiction than most Pulitzer Prize-winning novels, lol.
I wouldn't worry about a Form 13B as it is not a sworn affidavit to the truth. They can write whatever Pulitzer Prize-winning novels they want. It just demonstrates to a judge the challenge they are facing in resolving the issues before the court.
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Old 08-20-2012, 02:13 PM
Smurfette Smurfette is offline
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Okay, I'll just mention to the judge that mine wasn't as accurate as I would like it to be, and I guess if he wants more details he'll ask for them. I'll be prepared and have multiple copies with me just in case. Thanks! GREATLY appreciated!

I think the simplest way I can put it is that equalization has been impossible because he and his lawyer keep lying, manipulating numbers, leaving things out, hiding accounts, refusing to fully disclose etc. I just can't get a full and honest picture from him, and he's refusing to admit that my position is much more correct than his and that he owes me a significant amount of money. I'm trying to get as accurate an NFP/13B as possible based on my recollection of his property and what he has decided to honestly disclose, hoping that this will give the judge a better idea of what the equalization payment should be, and so the judge will see how dishonest, unreasonable and manipulative (and stubborn!) my ex is being.

I read another thread while I was waiting for my account to be approved, about lawyers deserving their reputation. I think it was you who said that the lawyer a person chooses is often indicative of that person's personality. And boy oh boy, is it true with him and his lawyer!
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